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Case: Johnson v. Peterson

3:18-cv-00331 | U.S. District Court for the Northern District of Ohio

Filed Date: Feb. 12, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

Plaintiff, a state prisoner, brought suit on February 12, 2018, in the U.S. District Court for the Northern District of Ohio against the Allen Oakwood Correctional Institution (AOCI) and several of its employees claiming deliberate indifference in violation of the Eighth and Fourteenth Amendments. Plaintiff sued AOCI, two of its lead doctors, and a registered nurse for allegedly refusing to provide necessary treatment for his worsening Hepatitis C (HCV). The case was assigned to Judge Jeffrey J…

Plaintiff, a state prisoner, brought suit on February 12, 2018, in the U.S. District Court for the Northern District of Ohio against the Allen Oakwood Correctional Institution (AOCI) and several of its employees claiming deliberate indifference in violation of the Eighth and Fourteenth Amendments. Plaintiff sued AOCI, two of its lead doctors, and a registered nurse for allegedly refusing to provide necessary treatment for his worsening Hepatitis C (HCV). The case was assigned to Judge Jeffrey J. Helmick. Plaintiff initially filed his suit pro se, seeking $50 million in compensatory damages, $200,000 in punitive damages against each named defendant, and injunctive relief in the form of receiving the HCV treatment requested.

According to the allegations in the complaint, the plaintiff[TBB1]  was originally diagnosed with HCV in 2000. A biopsy taken in 2007 revealed he had stage one liver fibrosis. After a biopsy on August 1, 2016, revealed plaintiff’s Hepatitis C had worsened from stage one to stage two, he made multiple requests for treatment via a direct-acting, antiviral medication, Harvoni, that had been shown to treat, and in many patients, cure HCV. Plaintiff alleged that the AOCI doctors refused to provide him with his requested treatment because his condition had not yet progressed to stage three, the required threshold by the Ohio Department of Rehabilitation and Correction (ODRC).

After nearly two years of attempting to obtain treatment through AOCI's internal grievance procedures, plaintiff brought this suit. On August, 6, 2018, plaintiff filed a motion for the appointment of legal counsel which was subsequently denied on September 4, 2018. On October 10, 2018, defendants filed a motion for judgment on the pleadings. After litigation reached a standstill between January 2019 and January 2020, Judge Helmick granted defendants' motion on January 7, 2020. In his opinion, Judge Helmick explained that plaintiff had failed to meet his burden to demonstrate deliberate indifference to his serious medical need, and therefore failed to state a claim for violation of his Eighth and Fourteenth Amendment rights. Judge Helmick also dismissed the claims against one of the lead doctors for failure to complete service.

On January 15, 2020, plaintiff filed a motion for reconsideration and a motion for relief from judgment in the District court. A week later, on January 24, 2020, plaintiff appealed to the U.S. Court of Appeals for the Sixth Circuit. The Sixth Circuit notified plaintiff it would hold his appeal in abeyance until after the District Court had the opportunity to rule on the pending motion for reconsideration.

On May 5, 2020 the District Court denied plaintiff's motions for reconsideration and relief from judgment. Judge Helmick held that because he considered plaintiff's claim for the violation of his Eighth and Fourteenth Amendment rights due to defendants' deliberate indifference to his serious medical needs, the court did not err in dismissing his claims. On June 15, 2020, Judge Helmick ordered the Clerk of the Court to notify the Sixth Circuit that all pending motions before him had been resolved and plaintiff's appeal could proceed.

On appeal, the defendants argued entitlement to qualified immunity for the first time. This, combined with recent developments in ODRC's Hepatitis C treatment protocol that could impact plaintiff's claims, led the Sixth Circuit to remand the case for further proceedings. 847 Fed. App'x 343.

After the case was remanded, on June 22, 2021, defendants filed a motion to dismiss plaintiff's damages claims against them. Then, before receiving a decision from the court regarding defendants' motion to dismiss, plaintiff filed a motion for injunctive relief on July 23, 2021. Plaintiff filed another motion, this time for appointment of counsel, on August 16, 2021. Without responding to the earlier motions, the court granted plaintiff's request for counsel on August 17, 2021 and a month later a pro bono attorney was appointed to his case.

Finally, on March 29, 2022, Judge Helmick granted defendants' motion to dismiss plaintiff's claims for damages. However, plainitff’s claims for injunctive relief remain pending.  Litigation is ongoing October 2, 2022.

Summary Authors

Elena Meth (10/2/2022)

Documents in the Clearinghouse

Document
1

3:18-cv-00331

Complaint

Feb. 12, 2018

Feb. 12, 2018

Complaint
30

3:18-cv-00331

Memorandum Opinion and Order

Jan. 7, 2020

Jan. 7, 2020

Order/Opinion
42

3:18-cv-00331

Order on Motion to compel discovery AND Order on Motion to appeal in forma pauperis

June 15, 2020

June 15, 2020

Order/Opinion

Opinion

U. S. Court of Appeals for the Sixth Circuit

May 11, 2021

May 11, 2021

Order/Opinion
61

3:18-cv-00331

Order on Motion to dismiss

March 29, 2022

March 29, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7151651/johnson-v-peterson/

Last updated Oct. 3, 2022, 1:44 p.m.

ECF Number Description Date Link Date / Link
1

Complaint against Oscar Cataldi, Carlos Perez, Lisa Peterson, Robert Yochum. Filing fee not paid, IFP. Filed by Luther Johnson. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 U.S. Marshal Form) (M,L) (Entered: 02/12/2018)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

3 U.S. Marshal Form

View on PACER

Feb. 12, 2018

Feb. 12, 2018

Clearinghouse
2

Motion to proceed in forma pauperis filed by Plaintiff Luther Johnson. (Attachments: # 1 Affidavit of Prisoner, # 2 Inmate Demand Statement)(M,L) (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

PACER

Judge James G. Carr assigned to case. Recused pursuant to General Order No. 2016-10. (M,L)

Feb. 12, 2018

Feb. 12, 2018

PACER

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (M,L)

Feb. 12, 2018

Feb. 12, 2018

PACER

Judge Jeffrey J. Helmick assigned to case. Judge James G. Carr terminated. (M,L)

Feb. 12, 2018

Feb. 12, 2018

PACER
3

Order granting Plaintiff's motion to proceed in forma pauperis (Related Doc # 2 ). Pursuant to 28 U.S.C. § 1915(b) total filing fee of $350 is due. Initial partial fee of $22.50 is due and should be deducted from Plaintiff's prisoner account when funds are available until initial partial fee is paid. Thereafter the prison cashier's office shall deduct and forward to the Court 20% of the preceding month's income credited to prisoner's account each time amount in the account exceeds $10.00 until the full $350 fee has been paid. Clerk is directed to issue copy of this order and attached instructions to Plaintiff and prison cashier's office. Clerk is further directed to forward copy of this order to Court's financial office. Magistrate Judge James R. Knepp, II on 6/13/18. (Attachments: # 1 Instructions) (A,P) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER

Copy of 3 Order mailed to Luther Johnson 166-904 and Prison Cashier's Office at Allen Correctional Institution P.O. Box 4501 Lima, OH 45802 and emailed to Court's financial office on 6/14/18. (A,P)

June 13, 2018

June 13, 2018

PACER
4

Original Summons and Magistrate Consent Form issued to U.S. Marshal for service upon Oscar Cataldi, Carlos Perez, Lisa Peterson, Robert Yochum. (Attachments: # 1 Magistrate Consent Form) (R,Ke) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
5

Return of Service by U.S. Marshal by FedEx executed upon Carlos Perez on 6/26/2018; Lisa Peterson on 6/26/2018; Robert Yochum on 6/26/2018, filed on behalf of Luther Johnson Related document(s) 1, 4 . (R,Ke) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
6

Return of Service by U.S. Marshal by FedEx Delivery Service executed upon Oscar Cataldi on 6/26/2018, filed on behalf of Luther Johnson. Related document(s) 1, 4 . (M,L) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
7

Return of Service by U.S. Marshal unexecuted upon Carlos Perez. Service attempted by FedEx Delivery Service on 6/26/2018 marked "no longer at this address" filed on behalf of Luther Johnson. Related document(s) 1, 4 . (M,L) (Entered: 07/09/2018)

July 3, 2018

July 3, 2018

PACER
8

Motion for extension of time until August 7, 2018 to answer Plaintiff's complaint filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. Related document(s) 1 . (Yuhas, Maureen) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
9

Marginal Entry Order granting 8 Defendant's Motion for Extension of Time to Answer until 8/7/18. Oscar Cataldi, Lisa Peterson and Robert Yochum answer due 8/7/2018. Judge Jeffrey J. Helmick on 7/19/18.(A,P) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER

Copy of 9 Marginal Entry Order mailed to Luther Johnson 166-904 Allen Correctional Institution P.O. Box 4501 Lima, OH 45802 on 7/19/18. Maureen Yuhas notified court she received order as well despite issues with her email address. She is inquiring to make sure she receives all further filings. (A,P)

July 19, 2018

July 19, 2018

PACER

Partial filing fee in the amount of $4.00 received from Luther Johnson. Receipt # 14660106661 (W,Jo)

Aug. 1, 2018

Aug. 1, 2018

PACER
10

Motion for appointment of legal counsel filed by Plaintiff Luther Johnson. (D,TM) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
11

Second Motion for extension of time to answer Plaintiff's Complaint until 8/21/2018 with Memorandum in Support filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. Related document(s) 1 . (Yuhas, Maureen) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
12

Marginal Entry Order granting 11 Defendants' Second Motion for Extension of Time to Answer. Defendants Oscar Cataldi, Lisa Peterson, and Robert Yochum answer due 8/21/2018. Judge Jeffrey J. Helmick on 8/8/2018. (SG,D) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
13

Answer to 1 Complaint with Jury Demand filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. (Yuhas, Maureen) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER

Copy of 12 mailed to Luther Johnson at 166-904 Allen Correctional Institution PO Box 4501 Lima, Ohio 45802 on 8/27/2018. Related document(s) 12 . (SG,D)

Aug. 27, 2018

Aug. 27, 2018

PACER

Partial filing fee in the amount of $22.00 received from Luther Johnson. Receipt # 14660107344 (S,SR)

Aug. 28, 2018

Aug. 28, 2018

PACER
14

Case Management Conference Order: Case is assigned to the administrative track. If either party files a dispositive motion, said motion to be filed by October 1, 2018; opposition November 16, 2018; reply December 3, 2018. All further discovery shall be stayed pending adjudication of said motion.If no dispositive motions are filed, the parties shall file a status report by October 1, 2018, at which time a trial date shall be assigned. Judge Jeffrey J. Helmick on 9/4/2018. (S,AL) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
15

Marginal Entry Order denying the plaintiff's motion for appointment of counsel, without prejudice. (Related Doc # 10 ) Judge Jeffrey J. Helmick on 9/4/2018.(S,AL) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER

Copy of 15 Order and 14 Case Management Conference Order mailed to plaintiff at 166-904 Allen Correctional Institution P.O. Box 4501 Lima, OH 45802 on 9/4/2018. Related document(s) 15, 14 . (S,AL)

Sept. 4, 2018

Sept. 4, 2018

PACER
16

Affidavit of Jeff Reed filed by Luther Johnson. (Attachments: # 1 Article re Liver Biopsy Assessment)(D,TM) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

PACER
17

Motion Disclosure in Part and Request Court Give Order for Discovery in Relation to Request for Injunctive Relief, Declaratory and Complaint filed by Plaintiff Luther Johnson. (S,JM) (Entered: 09/24/2018)

Sept. 21, 2018

Sept. 21, 2018

PACER
18

Motion for extension of Dispositive Motion until 12/01/2018 with Memorandum in Support filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. (Yuhas, Maureen) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

PACER

Partial filing fee in the amount of $4.00 received from Luther Johnson. Receipt # 14660108041 (S,SR)

Sept. 25, 2018

Sept. 25, 2018

PACER
19

Marginal Entry Order granting the defendants' motion to extend the dispositive motion deadline. Motions due 12/1/18; opposition due 1/14/19; reply due 2/18/19. 18 Judge Jeffrey J. Helmick on 9/28/2018.(S,AL) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

PACER

Copy of 19 Order mailed to plaintiff at 166-904 Allen Correctional Institution P.O. Box 4501 Lima, OH 45802 on 9/28/2018. Related document(s) 19 . (S,AL)

Sept. 28, 2018

Sept. 28, 2018

PACER
20

Motion for leave to take the deposition of Plaintiff with Memorandum in Support filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. (Yuhas, Maureen) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

PACER
21

Motion for judgment on the pleadings with Memorandum in Support filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. (Yuhas, Maureen) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

RECAP
22

Second Motion for appointment of counsel with Memorandum in Support filed by Plaintiff Luther Johnson. (D,TM) (Entered: 10/18/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
23

Motion objecting in part the type of Depositions and Plaintiff's request to depose agents, witnsesses with request for Interrogatories, Admissions and Subpoena documents under control of agents or contractors filed by Plaintiff Luther Johnson. (Attachments: # 1 Envelope)(D,TM) (Entered: 10/18/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
24

Motion for extension of time for 30 days to file opposition and memorandum contra 21 Motion for judgment on the pleadings filed by Plaintiff Luther Johnson. Related document(s) 21 . (Attachments: # 1 Envelope) (D,TM) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER

Partial filing fee in the amount of $22.00 received from Luther Johnson. Receipt # 14660109053 (S,SR)

Nov. 1, 2018

Nov. 1, 2018

PACER
25

Response to 23 Motion objecting in part the type of Depositions and Plaintiff's request to depose agents, witnsesses with request for Interrogatories, Admissions and Subpoena documents under control of agent's or contractors filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. (Yuhas, Maureen) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
26

Motion in Opposition to 21 Motion for judgment on the pleadings filed by Luther Johnson. (Attachments: # 1 Grievance Appeals, # 2 Envelope)(D,TM) (Additional attachment(s) added on 12/7/2018: # 3 Corrected Main Document, # 4 Corrected Exhibits: Grievance Appeals) (D,TM). (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
27

Motion (Request) for Initial Disclosure required under Rule 26(a)(i)(ii) with enclosed evidence filed by Plaintiff Luther Johnson. (Attachments: # 1 Exhibit: Death certificate and After Visit Summary, # 2 Envelope)(D,TM) Modified on 12/7/2018 (S,JM). (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER

Partial filing fee in the amount of $40.00 received from Luther Johnson. Receipt # 14660109842 (S,SR)

Dec. 4, 2018

Dec. 4, 2018

PACER

Partial filing fee in the amount of $4.00 received from Luther Johnson. Receipt # 14660110479 (S,SR)

Dec. 28, 2018

Dec. 28, 2018

PACER
28

Motion to compel initial disclosure requested under Federal Rules of Civil Procedure 26(a)(i-iv) filed by Plaintiff Luther Johnson. (Attachments: # 1 Envelope)(D,TM) (Entered: 01/10/2019)

Jan. 10, 2019

Jan. 10, 2019

PACER
29

Affidavit/Declaration in support of Motion to Compel filed by Luther Johnson. Related document(s) 28 . (Attachments: # 1 Envelope)(D,TM) (Entered: 01/10/2019)

Jan. 10, 2019

Jan. 10, 2019

PACER
30

Memorandum Opinion and Order: Defendants' motion for judgment on the pleadings, (Doc. No. 21), is granted. I dismiss Johnson's claims against Defendant Perez pursuant to § 1915(e)(2)(B)(ii). Defendants' motion for leave to take Johnson's deposition, (Doc. No. 20), is denied. Plaintiff's motions for discovery, (Doc. No. 17, Doc. No. 27, and Doc. No. 28), his objection to Defendants' motion for leave (Doc. No. 23), and his motion for appointment of counsel, (Doc. No. 22), are denied. re 20 28 27 17 21 22 23 . Judge Jeffrey J. Helmick on 1/7/2020. (S,AL) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

Clearinghouse
31

Judgment Entry: For the reasons stated in the Memorandum Opinion and Order filed contemporaneously, the motion of Defendants Lisa Peterson, Oscar Cataldi, Jr., and Robert Yochum for judgment on the pleadings, (Doc. No. 21), is granted. I dismiss Plaintiff Johnson's claims against Defendant Perez pursuant to § 1915(e)(2)(B)(ii). Defendants' motion for leave to take Johnson's deposition, (Doc. No. 20), is denied. Plaintiff's motions for discovery, (Doc. No. 17, Doc. No. 27, and Doc. No. 28), his objection to Defendants' motion for leave (Doc. No. 23), and his motion for appointment of counsel, (Doc. No. 22), are denied. re 30 . Judge Jeffrey J. Helmick on 1/7/2020. (S,AL) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

RECAP

Copy of 30 Memorandum Opinion and Order and 31 Judgment mailed to plaintiff at 166-904 Allen Correctional Institution P.O. Box 4501 Lima, OH 45802 on 1/7/2020. Related document(s) 30, 31 . (S,AL)

Jan. 7, 2020

Jan. 7, 2020

PACER
32

Motion for reconsideration and Motion for relief from Judgment with Memorandum filed by Plaintiff Luther Johnson. Related Document(s) 30 and 31 (Attachments: # 1 Exhibit A: Inside Pass Only, # 2 Envelope)(D,TM) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
33

Notice of Substitution of Counsel removing attorney Maureen Yuhas and adding attorney Mindy A. Worly filed by on behalf of Oscar Cataldi, Lisa Peterson, Robert Yochum. (Worly, Mindy) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER
34

Amended Motion for reconsideration and Motion for relief from Judgment of the Court's Memorandum Opinion and the Order granting Defendants' Motion for Judgment on the Pleadings with Memorandum in support filed by Plaintiff Luther Johnson. Related document(s) 32, 30, 31 . (Attachments: # 1 Envelope)(D,TM) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER
35

NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the 30 Memorandum Opinion and Order of 1/7/20, filed by Luther Johnson. Filing Fee not paid. (Attachments: # 1 Envelope) (D,TM) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER
36

Praecipe with request to send complete records to Sixth Circuit Court of Appeals filed by Luther Johnson. Related document(s) 35 .(D,TM) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER
37

Appeal Remark from USCA for the Sixth Circuit: The appeal 35 will be held in abeyance until after the District Court rules on pending motions (USCA# 20-3101) (H,SP) (Entered: 01/29/2020)

Jan. 29, 2020

Jan. 29, 2020

PACER

Acknowledgment from the USCA for Sixth Circuit of receipt of 35 Notice of Appeal (USCA# 20-3101). Date filed in USCA 1/27/20. (H,SP)

Jan. 29, 2020

Jan. 29, 2020

PACER
38

Supplement to 34 Amended Motion for reconsideration and Motion for relief from Judgment of the Court's Memorandum Opinion and the Order granting Defendants' Motion for Judgment on the Pleadings filed by Luther Johnson. (Attachments: # 1 Exhibit A: Informal complaint resolution, # 2 Exhibit B: Disposition of grievance, # 3 Exhibit C: Citation, # 4 Envelope) (R,Ke) (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER
39

Order: Johnson's motions for reconsideration are denied. Related Doc # 32 (Related Doc # 34 ). Judge Jeffrey J. Helmick on 5/5/2020.(S,AL) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

RECAP

Copy of 39 Order on Motion for reconsideration mailed to Luther Johnson, 166-904, Allen Correctional Institution, P.O. Box 4501 Lima, OH 45802 on 5/5/2020. Related document(s) 39 . (S,AL)

May 5, 2020

May 5, 2020

PACER
40

Motion to appeal in forma pauperis filed by Plaintiff Luther Johnson. (Attachments: # 1 Affidavit of prisoner, # 2 Inmate demand statement, # 3 Court of Appeals letter, # 4 Transmittal letter, # 5 Envelope 1, # 6 Envelope 2)(R,Ke) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
41

Motion to compel and request facts and conclusions of law to the F.R.Civ.P. 60(B)(6) filed by Plaintiff Luther Johnson. (Attachments: # 1 Envelope)(R,Ke) (Entered: 06/08/2020)

1 Envelope

View on PACER

June 8, 2020

June 8, 2020

RECAP

Compel Discovery

June 8, 2020

June 8, 2020

PACER
42

Order: I grant Johnson's motion to appeal in forma pauperis. (Doc. No. 40).The second is a motion seeking to compel a ruling on his Rule 60(b) motion. (Doc. No. 41). I already ruled on Johnson's Rule 60(b) motion. Therefore, I deny Johnson's motion to compel. (Doc. No. 41). While the docket reflects the Clerk's Office already has mailed a copy of that order to Johnson, I hereby order the Clerk to include another copy of that order when the Clerk mails a copy of this order to Johnson. Further, I hereby order the Clerk to notify the Sixth Circuit that all pending motions before me have been resolved. (Related Doc # 40 ) (Related Doc # 41 ). Judge Jeffrey J. Helmick on 6/15/2020.(S,AL) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

Clearinghouse

Copy of 42 Order on Motion to appeal in forma pauperis and Motion to compel and 39 Order on Motion for reconsideration mailed to the plaintiff at 166-904 Allen Correctional Institution P.O. Box 4501 Lima, OH 45802 on 6/15/2020. Related document(s) 42, 39 . (S,AL)

June 15, 2020

June 15, 2020

PACER
44

True copy of mandate from the USCA for the Sixth Circuit: Remand the case to the District Court for consideration of the issues in the first instance re 35 Notice of Appeal (USCA# 20-3101). Date issued as mandate 6/2/21; Costs: None (H,SP) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER

Copy of Order (Non-Document) mailed to Luther Johnson 166-904 Allen Correctional Institution P.O. Box 4501 Lima, OH 45802 on 6/4/2021. (S,AL)

June 4, 2021

June 4, 2021

PACER

Order

June 4, 2021

June 4, 2021

PACER

Order [non-document] Parties to file a joint status reort in 45 days. Judge Jeffrey J. Helmick on 6/4/2021. (S,AL)

June 4, 2021

June 4, 2021

PACER
45

Motion to dismiss Plaintiff's Damage Claims filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. (Worly, Mindy) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

PACER
46

Memorandum Contra to Defendants Motion to Dismiss Plaintiff's Damage Claims filed by Plaintiff Luther Johnson. Related document(s) 45 . (Attachments: # 1 Envelope)(K,AR) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER
47

Status Report filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. (Worly, Mindy) (Entered: 07/21/2021)

July 21, 2021

July 21, 2021

PACER
48

Motion for injunctive relief filed by Plaintiff Luther Johnson. (Attachments: # 1 Envelope)(K,AR) (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

PACER
49

Reply to response to 45 Motion in Memoradum Contra to Defendants Motion to Dismiss Plaintiff's Damage Claims filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. (Worly, Mindy) (Entered: 07/26/2021)

July 26, 2021

July 26, 2021

PACER
50

Response to 48 Motion for relief filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. (Attachments: # 1 Exhibit A, Declaration of David Caudill)(Worly, Mindy) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
51

Motion for appointment of counsel filed by Plaintiff Luther Johnson. (Attachments: # 1 Envelope)(K,AR) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
52

Motion to compel discovery filed by Plaintiff Luther Johnson. (Attachments: # 1 Envelope)(K,AR) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER

Order on Motion for appointment of counsel

Aug. 17, 2021

Aug. 17, 2021

PACER

Copy of Order on Motion for appointment of counsel mailed to Luther Johnson #166-904 Allen Correctional Institution P.O. Box 4501 Lima, OH 45802 on 8/17/2021. (S,AL)

Aug. 17, 2021

Aug. 17, 2021

PACER

Order [non-document] granting the plaintiff's motion for appointment of counsel. The Clerk of Court is hereby directed to secure pro bono counsel for the plaintiff. (Related Doc # 51 ). Judge Jeffrey J. Helmick on 8/17/2021.(S,AL)

Aug. 17, 2021

Aug. 17, 2021

PACER
53

Memorandum Contra to Defendants Response to Plaintiffs Request for Injunctive Relief filed by Luther Johnson. Related document(s) 50 . (Attachments: # 1 Envelope) (K,AR) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
54

Response to 52 Motion to compel discovery filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. (Worly, Mindy) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

PACER
55

Order appointing Thomas A. Sobecki for Luther Johnson as pro bono counsel. Link to Pro Bono Protocol General Order 2007-02. Link to Reimbursement Voucher and Instructions. Judge Jeffrey J. Helmick on 9/13/2021. (S,AL) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER

Copy of 55 Order Appointing Pro Bono Attorney mailed to Luther Johnson at #166-904 Allen Correctional Inst. PO Box 4501 Lima, OH 45802 on 9/13/2021. Related document(s) 55 . (S,AL)

Sept. 13, 2021

Sept. 13, 2021

PACER
56

Order: Parties to file a joint status report on or before 11/12/2021. Judge Jeffrey J. Helmick on 9/27/2021. (S,AL) (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

PACER
57

Joint Status Report filed by Luther Johnson. Related document(s) 56 .(Sobecki, Thomas) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

RECAP
58

Order Plaintiff shall file his supplemental response to Defendants' motion to dismiss on or before January 10, 2022. Defendants are granted leave to file a supplemental reply brief on or before January 24, 2022. Plaintiff's pro se motions, (Doc. Nos. 48 and 52), are denied without prejudice. Discovery shall be held in abeyance until further order of this Court. 48 52 . Judge Jeffrey J. Helmick on 11/30/2021. (S,AL) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

PACER
59

Supplemental Response to 45 Motion to dismiss Plaintiff's Damage Claims filed by Luther Johnson. (Sobecki, Thomas) (Entered: 01/10/2022)

Jan. 10, 2022

Jan. 10, 2022

PACER
60

Reply to Plaintiff's Supplemental Response Regarding Qualified Immunity filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. Related document(s) 59 . (Worly, Mindy) (Entered: 01/24/2022)

Jan. 24, 2022

Jan. 24, 2022

PACER
61

Memorandum Opinion and Order: I grant Defendants' motion to dismiss Johnson's claims for damages. Johnson's claims for injunctive relief remain pending. (Related Doc # 45 ). Judge Jeffrey J. Helmick on 3/29/2022.(S,AL) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

Clearinghouse
62

Judgment Entry: For the reasons stated in the Memorandum Opinion and Order filed contemporaneously, I grant the motion of Defendants Lisa Peterson, Oscar Cataldi, Jr., and Robert Yochum to dismiss the damages claims asserted by Plaintiff Luther Johnson on the basis of qualified immunity. re 61 . Judge Jeffrey J. Helmick on 3/29/2022. (S,AL) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER

Notice [Non-Document]: Telephone Conference set for 4/28/2022 at 1:30 PM to be held telephonically before Judge Jeffrey J. Helmick. Counsel to call the bridge line at 877-411-9748, access code 1231873. (S,AL)

April 4, 2022

April 4, 2022

PACER
63

Order of Telephone Conference held on 4/29/2022.Tthe parties are to file a Joint Status Report on or about September 1, 2022. Time: 20 minutes. Judge Jeffrey J. Helmick on 4/29/2022. (S,AL) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

PACER
64

Unopposed Motion for Allocation and Payment Regarding Expert Witness Fees And Expenses filed by Plaintiff Luther Johnson. (Sobecki, Thomas) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Prison Conditions

Prison Conditions

Special Collection(s):

Hepatitis C Treatment in Jails and Prisons

Key Dates

Filing Date: Feb. 12, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is a state prisoner with stage two Hepatitis C serving a sentence at the Allen Oakwood Correctional Institution.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Ohio Department of Rehabilitation and Corrections (Lima, Allen), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Access to lawyers or judicial system

Conditions of confinement

Medical/Mental Health:

Hepatitis